Florida · Deadline to sue · Updated Oct 2026
Deadline to sue after a car accident in Florida
Time limits, government claims and a calculator.
Short answer
In Florida, you generally have 2 years from the crash to sue, for car damage and for an injury. Claims against the state, a county or a city: first give the agency a written claim within 3 years (and also the Department of Financial Services, unless it's a city or county), and wait for a written denial; then sue within 4 years (Fla. Stat. § 768.28(6), (14)).
- Property damage (your car)
- 2 years
- Injury
- 2 years
- Law
- Fla. Stat. § 95.11(5)(a) (2026): 'an action founded on negligence', 2 years (ch. 2023-15, HB 837; the paragraph was § 95.11(4)(a) until ch. 2024-183 added a new subsection (4)). Injury claims from a crash: 2 years under the same paragraph.
- Small claims limit
- $8,000
Claims against a government in Florida
- Claims against the state, a county or a city: first give the agency a written claim within 3 years (and also the Department of Financial Services, unless it's a city or county), and wait for a written denial; then sue within 4 years (Fla. Stat. § 768.28(6), (14)).
Other notes on the Florida deadlines
- Property damage: plan on 2 years.
- A claim that the other driver carelessly damaged your car is a negligence claim, and since March 24, 2023, negligence claims have 2 years.
- Another paragraph, § 95.11(3)(g), still gives 4 years for 'injuring personal property', and we found no official source or court ruling that says which one wins for car crashes.
- Don't count on the 4 years.
Shorter time limits to watch in Florida
- No-fault (PIP): To use PIP medical benefits, you must get first care within 14 days after the crash.
- Crash report: If the crash damaged a vehicle or property and police didn't make a report, you must send your own written report to FLHSMV within 10 days, on its approved form.
Deadline to sue in Florida
Protecting your deadline in Florida
- Deadline for both kinds of claim in Florida: 2 years.
- If a government was involved, act fast. Claims against the state, a county or a city: first give the agency a written claim within 3 years (and also the Department of Financial Services, unless it's a city or county), and wait for a written denial; then sue within 4 years (Fla. Stat. § 768.28(6), (14)).
- Small claims, for car damage up to $8,000: Florida small claims guide on Small Claims Map
- Don't wait for the insurer: talks with an adjuster don't stop the clock.
Free help in Florida
Questions about deadlines to sue in Florida
How long do you have to sue after a car accident in Florida?
2 years from the crash, for car damage and for an injury.
How do claims against a government work in Florida?
Claims against the state, a county or a city: first give the agency a written claim within 3 years (and also the Department of Financial Services, unless it's a city or county), and wait for a written denial; then sue within 4 years (Fla. Stat. § 768.28(6), (14)).
What is the small claims limit in Florida?
$8,000 (court costs, interest and attorney's fees don't count toward it).
More for Florida drivers
- All car accident rules in Florida
- Comparative fault
- Reporting a crash
- Uninsured driver
- Deadlines to sue in every state
- Small claims court for car damage
- Fault and payout explainer
- Insurance claim letter
- Police report request letter
Nearby states
- Fla. Stat. § 316.065 (2026)
- Fla. Stat. § 316.066 (2026)
- Ch. 2026-39, Laws of Fla. (SB 488), effective Oct. 1, 2026
- SB 522 (2026) no-fault repeal, died
- Fla. Stat. § 627.736 (2026)
- Fla. Stat. § 627.737 (2026)
- Fla. Stat. § 768.81 (2026)
- Fla. Stat. § 95.11 (2026)
- Fla. Stat. § 324.022 (2026)
- Fla. Stat. § 627.727 (2026)
- Fla. Stat. § 627.4265 (2026)
- Fla. Stat. § 768.28 (2026)
- FLHSMV: Traffic crash reports
- Florida DFS: Automobile Insurance FAQs
Last checked: Oct 24, 2026.